Section 3708 Of Article 1. Insurance And Security From California Labor Code >> Division 4. >> Part 1. >> Chapter 4. >> Article 1.
3708
. In such action it is presumed that the injury to the employee
was a direct result and grew out of the negligence of the employer,
and the burden of proof is upon the employer, to rebut the
presumption of negligence. It is not a defense to the employer that
the employee was guilty of contributory negligence, or assumed the
risk of the hazard complained of, or that the injury was caused by
the negligence of a fellow servant. No contract or regulation shall
restore to the employer any of the foregoing defenses.
This section shall not apply to any employer of an employee, as
defined in subdivision (d) of Section 3351, with respect to such
employee, but shall apply to employers of employees described in
subdivision (b) of Section 3715, with respect to such employees.